7Covered emissions

7 Covered emissions

(1) For section 22XI of the Act, the following scope 1 emissions of one or more greenhouse gases are not covered emissions for the purposes of the safeguard mechanism: (a) emissions of one or more greenhouse gases in circumstances where the Minister has not determined, under subsection 10(3) of the Act: (i) methods by which the amounts of the scope 1 emissions of the greenhouse gas are to be measured; or (ii) criteria for methods by which the amounts of the scope 1 emissions of the greenhouse gas are to be measured; (b) legacy emissions from the operation of a landfill facility; (c) emissions of one or more greenhouse gases from the operation of a grid‑connected electricity generator in respect of a sectoral‑baseline financial year; (d) if a facility is partly in Australia and partly in the Greater Sunrise special regime area—scope 1 emissions of greenhouse gases which occurred in the Greater Sunrise special regime area.

Note: A facility wholly in the Greater Sunrise special regime area is not subject to the safeguard provisions in accordance with subsection 6A(4) of the Act.

Legacy emissions (2) For the purposes of subsection (1), if: (a) an amount of greenhouse gas was emitted from the operation of a landfill facility; and (b) waste was accepted by the landfill facility before 1 July 2016; so much of the amount mentioned in paragraph (a) as is, under a determination under subsection 10(3) of the Act, taken to be attributable to waste accepted by the facility before 1 July 2016 is a legacy emission from the operation of the landfill facility. Emissions not included as emissions from grid‑connected electricity generators (3) For the purposes of paragraph (1)(c), emissions of one or more greenhouse gases from the operation of a grid‑connected electricity generator in respect of a sectoral‑baseline financial year do not include: (a) fugitive emissions from coal mining (within the meaning of the NGER (Measurement) Determination); or (b) emissions from fuel combustion for the purposes of coal mining; or (c) emissions covered by Chapter 2 (fuel combustion) of the NGER (Measurement) Determination that are not for electricity generation or cogeneration.